I have a question about a injury at work?
Well heres the story my dad got injured at work (construction), and he cut is arm pretty badly to the point where he cant move his fingers because he cut his tendons. Right now the companys insurance is paying him workers compensation, and since the case is about to close the insurance company offered him $75,000. He doesnt want to accept that money because he says that when that money runs out on bills and other things we wont have money to pay the bills. Also he wont be able to work since the max amount of pounds he can lift is 5 pounds, and theres not to many jobs that he can work at with those limitations. So now since the case is closing and he isnt accepting the money they are offering him he is going to have to go to court and my dad’s lawyer said that they are going to try to fight for the workers compensation for life. SO MY QUESTION IS DO YOU THINK THAT MY DAD HAS A SHOT AT WINNING IN COURT AGAINST THE INSURANCE COMPANY, AND GETTING THE WORKERS COMPENSATION FOR LIFE?
No, not really. He has a better chance of receiving partial lifetime compensation and money to retrain to another job not requiring both arms. Lots of people with one weak arm can work profitably, he just needs the right job.
But in truth, shouldn’t you ask your lawyer this question?
It would be extremely doubtful he would see lifetime payments for
this injury. WC pays benefits for wage loss while you can’t work
due to the injury, and medical treatment. IF there is residual
pemenant disability or impairment, a evaluation will be done and a
% of PD will be determined. That rating will determine the amount
of indemnity due…. a preset, by law, amount of scheduled loss
money. Once his condition is stable, he has reached MMI/Max Med
Improvement, that rating will be done, he will be expected to go
back to work. It doesn’t matter whether it’s the same job, or even
the same employer. Functional restoration, and a return to gainful
employment is all WC is geared to. Medical treatment based on
necessity is all he will be eligible for. That does not mean
“lifetime” medical as many IW’s beleive. It means “access” to
treatment. Unless there is 100% “disability” under WC
rules/definition… there are NO life pensions. No money for pain
and suffering, none for lost future wages, and certainly no money
for punitive damages.